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Shri Krishna Government Ayurvedic College and Hospital, Kurukshetra, Haryana



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Shri Krishna Government Ayurvedic College and Hospital, Kurukshetra, Haryana
Kurukshetra (District Kurukshetra)
Haryana, India
Pin Code : 132118


Shri Krishna Government Ayurvedic College and Hospital, Kurukshetra Haryana is a recognised institute / college.
Shri Krishna Government Ayurvedic College and Hospital, Kurukshetra Haryana is situated in Kurukshetra of Haryana state (Province) in India. This data has been provided by www.punjabcolleges.com. Kurukshetra comes under Kurukshetra Tehsil, Kurukshetra District.

Fax # of Shri Krishna Government Ayurvedic College and Hospital, Kurukshetra Haryana is +91-1744-220168.

Mobile No(s) of concerned persons at Shri Krishna Government Ayurvedic College and Hospital, Kurukshetra Haryana are +91-9416266636.

email ID(s) is Shri Krishna Government Ayurvedic College and Hospital Kurukshetra Haryana


Contact Details of Shri Krishna Government Ayurvedic College and Hospital, Kurukshetra Haryana are : +91-1744-220168, 227798


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Shri Krishna Government Ayurvedic College and Hospital, Kurukshetra Haryana runs course(s) in Ayurvedic stream(s).

Shri Krishna Government Ayurvedic College and Hospital is affiliated with Kurukshetra University, Kurukshetra (Haryana)



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DR ASHOK RANA AND ANOTHER Vs CENTRAL COUNCIL OF INDIAN MEDICINES NEW DELHI AND

CIVIL WRIT PETITION NO.13140 OF 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

DATE OF DECISION: AUGUST 26, 2009

Dr.Ashok Rana and another .....Petitioners
VERSUS
Central Council of Indian Medicines, New Delhi and others ....Respondents

CORAM:-
HONBLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?

PRESENT:
Mr. R. K. Malik, Sr.Advocate with
Mr. Surya Pratap Singh, Advocate, for the petitioners.

RANJIT SINGH, J.
The petitioners pray for issuing direction to respondent- Haryana State for re-designating their posts of Demonstrator as Lecturer. The basis of this prayer is a communication dated 26.11.2002 (Annexure P-7) initiated by Central Council of Indian Medicines. Present one is a second approach by the petitioners.

Earlier Civil Writ Petition No.19962 of 2008 was disposed of with a
direction to Secretary, Government of Haryana, Health Department,
to treat the writ petition as a representation and pass a speaking order after taking all the aspects of the case of the petitioners into consideration within a period of two months. The order has now been
passed by the Secretary concerned on 10.2.2009 (Annexure P-15),
declining the request of the petitioners, which they have now impugned through the present writ petition.

Petitioner Nos.1 and 2 were appointed as Demonstrator in Siri Krishna Govt. Ayurvedic College, Kurukshetra, on 7.4.1998 and 1.12.1998 respectively. They are continuing as such. On the basis of the communication (Annexure P-7) initiated by respondent No.1, issued to all State Governments to change the designation of Demonstrator to Lecturer, the petitioners have filed this petition to redesignate them as Lecturer.

The counsel for the petitioners pleads that directions issued by respondent No.1 for re-designating the petitioners as Lecturers are mandatory and, thus, binding on the State. In this regard, the counsel has also referred to certain letters like Annexure P-17, in which this position is stated to have been conceded by the State.

What right, a person will have to seek re-designation of his post or appointment, is the core question requiring consideration.

Re-designation of a post on which a particular person is appointed is
normally not open to be claimed as a matter of right. The nature of the communication (Annexure P-7), being directory, mandatory or advisory, would not be an issue which is required to be gone into.

Can the petitioners raise this question is another issue? They are the employees of a State. If some communication, which is taken to be mandatory is issued by the Central Council of Indian Medicines and is not being complied with, then it would be for the Council to either ensure compliance or to agitate. The petitioners can file and maintain a writ petition to claim something if they have a legal right or a constitutional right or some such right is violated.

The petitioners concededly were considered and appointed as Demonstrators. While considering their representation for re-designation of their post as required by the Central Council of Indian Medicines, it is noticed that Haryana Ayurvedic Education (Group A and B) Services Rule, 1999, amended in 2008, provides Post Graduate qualification for the Lecturers in the concerned subject and degree in Ayurveda from any recognized University or statutory Board etc. It is also noticed that the post of Demonstrator is a Class-III post in the pay scale of Rs.6500-10500+NPA, whereas Lecturer is a Class II Post in the pay scale of Rs.7500-12000+NPA.

The petitioners are statedly not possessing the requisite qualifications. It is also observed that the Central Council of Indian Medicines can only make recommendations which are not binding on
the State Government. It is also noticed that if the Demonstrators, who are under Graduate are designated as Lecturers, it would amount to diluting the academic standards and payment of higher
wages to those who are not qualified to hold such posts.

I do not find any infirmity in the reasons advanced and noted in the impugned order, which would call for interference in exercise of writ jurisdiction. As already noted, the question involved here is about the re-designation of the post and not about the nature and effect of the communication initiated by respondent No.1.

Whether it is mandatory, directory or advisory is not the question for
this Court to see. The counsel has relied upon a judgement in the
case of Neeraja Malik Vs. State of Haryana, 1997(1) RSJ 246 to
urge that universities are bound to implement the directions of U.G.C.

This was a case of U.G.C. taking a decision of passing of eligibility test for teacher working prior to the enforcement of rules. Thus
operation of rules was the issue in the said case, which would stand
in different context as question of some violation of rights did not
arise in the said case. A person ordinarily would not have any right to
seek re-designation of a post, when qualifications are different and
the posts are carrying different pay scales. It has also been fairly
noticed in the impugned order, Annexure P-15, that if any Demonstrator acquires any Post Graduate degree, he will be
upgraded and designated as Lecturer. That being so, the prayer by
the counsel for the petitioners that petitioner No.1 is possessing such
qualification and should be re-designated as Lecturers would require
consideration by the respondents, for which no direction would be
needed from the Court. The decision in this regard has already been
taken and noted in Annexure P-15.

There is no merit in the writ petition and the same is accordingly dismissed.

( RANJIT SINGH )
JUDGE

H S DHILLON Vs STATE OF HRY AND ANR CWP 15633 of 2006

In the High Court of Punjab and Haryana, Chandigarh

Date of Decision: September 28, 2006

H.S. Dhillon …Petitioner
Versus
State of Haryana and another …Respondents

CORAM:
HON’BLE MR. JUSTICE M.M. KUMAR
HON’BLE MR. JUSTICE M.M.S. BEDI

PRESENT:
Mr. Kapil Kakkar, Advocate, for the petitioner.

JUDGMENT
M.M. KUMAR, J. (Oral)
The petitioner, who is working as a Lecturer Physical Education in Sri Krishna Government Ayurvedic College, Kurukshetra, in the pay scale of Rs. 12000-18300, has filed the instant petition under Article 226 of the Constitution, seeking a writ in the nature of mandamus directing the respondents to declare his post as Class-I (Group-A), keeping in view the recommendation made by the Principal of the aforementioned College, especially in view of
the fact that in all the Departments of the State of Haryana, the post carrying the pay scale of Rs. 12000-18300 is considered as a Class-I post, whereas the post of the petitioner is being treated as Class-III. It is appropriate to mention that the petitioner has already represented to the respondents number of times vide representations dated 2.7.2001, 17.8.2005 and 18.5.2006 (P-6, P-8 and P-9 respectively).

Without going into the merits of the case, we deem it just and appropriate to direct the respondents to take cognizance of the
aforementioned representations of the petitioner and decide the same expeditiously preferably within a period of four months from the date a certified copy of this order is presented to them.

It shall be appreciated if a speaking order is passed.

Petition stands disposed of in the above terms.

(M.M. KUMAR)
JUDGE

(M.M.S. BEDI)
JUDGE




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